Sept. 22
AUSTRALIA:
Gov rejects death penalty claims
The Government today rejected claims it would extradite terror suspects to
the US where they could face the death penalty.
A spokesman for Justice Minister Chris Ellison said Australia had not
abandoned the longstanding practice of refusing to extradite suspects who
could face the death penalty, unless that penalty was waived.
The Australian Council for Civil Liberties had called on the federal
government to confirm any change in policy.
Council president Terry O'Gorman said Australia had a long standing
practice of not extraditing people if they could face the death penalty.
He said there was a high risk of a miscarriage of justice.
"We're going to find the risk that an Australian could be sent to the US,
tried for terrorism, convicted then executed, and later down the track
found to have been the (victim of a) miscarriage of justice," he said.
Senator Ellison's spokesman said international arrangement for air
security officers (ASOs) on aircraft did not change extradition
requirements.
He said the Extradition Act clearly provided that a person could not be
extradited where an offence was punishable by death unless the other
country agreed the death penalty would not be imposed or carried out.
"Those rules are not changed by the arrangements," he said.
"Countries that have entered arrangements will consult with Australia
about the possible imposition of the death penalty where they share
jurisdiction over someone detained by ASOs."
The spokesman said for an Australian aircraft landing in another country,
Australian laws continued to apply until the aircraft doors opened.
He said in that situation there would be consultation between Australia
and the other country if the death penalty was applicable.
"That is not a situation where extradition is applicable of course," he
said.
(source: Herald Sun)
